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University of Chicago Law School

Articles

1997

Articles 1 - 26 of 26

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The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler Jul 1997

The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler

Articles

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Jan 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

Articles

No abstract provided.


Rational Choice, Behavioral Economics, And The Law, Richard A. Posner Jan 1997

Rational Choice, Behavioral Economics, And The Law, Richard A. Posner

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.


The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1997

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …


How Law Constructs Preferences, Cass R. Sunstein Jan 1997

How Law Constructs Preferences, Cass R. Sunstein

Articles

No abstract provided.


The Future Of Law And Economics: Looking Forward, Douglas G. Baird Jan 1997

The Future Of Law And Economics: Looking Forward, Douglas G. Baird

Articles

No abstract provided.


Comment: Accounting For Norms, Richard H. Mcadams Jan 1997

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.


Adversary Inferences, Frank H. Easterbrook Jan 1997

Adversary Inferences, Frank H. Easterbrook

Articles

No abstract provided.


The Implementation Of Constitutional Rights: Insights From Law And Economics, Gerald Rosenberg Jan 1997

The Implementation Of Constitutional Rights: Insights From Law And Economics, Gerald Rosenberg

Articles

No abstract provided.


From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein Jan 1997

From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein

Articles

No abstract provided.


The Origin, Development, And Regulation Of Norms, Richard H. Mcadams Jan 1997

The Origin, Development, And Regulation Of Norms, Richard H. Mcadams

Articles

No abstract provided.


Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter Jan 1997

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.


Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore Jan 1997

Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore

Articles

No abstract provided.


Law And Economics: Its Glorious Past And Cloudy Future, Richard A. Epstein Jan 1997

Law And Economics: Its Glorious Past And Cloudy Future, Richard A. Epstein

Articles

No abstract provided.


Abuse Excuse And Patriarchal Narratives, Mary E. Becker Jan 1997

Abuse Excuse And Patriarchal Narratives, Mary E. Becker

Articles

No abstract provided.


Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein Jan 1997

Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein

Articles

No abstract provided.


Foreword: Holmes, Richard A. Posner Jan 1997

Foreword: Holmes, Richard A. Posner

Articles

No abstract provided.


Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner Jan 1997

Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner

Articles

The editors have kindly invited Professor Sunstein and me to comment on Ronald Dworkin's article In Praise of Theory.' The article is critical of what Dworkin calls the "Chicago School" of "anti-theorists," 2 to which he has consigned both Sunstein and me despite the palpable differences between our views. I do not want to paper over those differences, but I do want to point out that Dworkin has committed the identical error in his criticisms of both of us, as well as mischaracterizing our views. That error is to announce a parochial definition of "theory," then define anyone who does …


Note On Voluntary Versus Involuntary Risks, A Second Annual Cummings Colloquium On Environmental Law: Risk In The Republic: Comparative Risk Analysis And Public Policy: Making Risk Policy In The Face Of Expert/Public Conflicts, Cass R. Sunstein Jan 1997

Note On Voluntary Versus Involuntary Risks, A Second Annual Cummings Colloquium On Environmental Law: Risk In The Republic: Comparative Risk Analysis And Public Policy: Making Risk Policy In The Face Of Expert/Public Conflicts, Cass R. Sunstein

Articles

No abstract provided.


Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell Jan 1997

Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell

Articles

No abstract provided.


The Future Of Law And Economics: Looking Forward, Richard A. Posner Jan 1997

The Future Of Law And Economics: Looking Forward, Richard A. Posner

Articles

No abstract provided.


Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler Jan 1997

Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler

Articles

No abstract provided.


Behavioral Analysis Of Law, Cass R. Sunstein Jan 1997

Behavioral Analysis Of Law, Cass R. Sunstein

Articles

No abstract provided.


Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker Jan 1997

Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker

Articles

No abstract provided.


Choice-Of-Law Symposium, David P. Currie Jan 1997

Choice-Of-Law Symposium, David P. Currie

Articles

No abstract provided.